monument of his victory over the Carthaginians. After this, affairs continued for a considerable time in a tranquil state in Spain, as both parties, after giving and receiving such important defeats, hesitated to run the hazard of a general battle.

40. During these transactions in Spain, Marcellus, after the capture of Syracuse, having settled the other affairs in Sicily with so much honor and integrity as not only to add to his own renown, but also to the majesty of the Roman people, conveyed to Rome the ornaments of the city, together with the statues and pictures with which Syracuse abounded. These were certainly spoils taken from enemies, and acquired according to the laws of war; but hence was the origin of the admiration of the products of Grecian art, and to that freedom with which at present all places, both sacred and profane, are despoiled; which at last recoiled upon the Roman gods, and first upon that very temple which was so choicely adorned by Marcellus. For foreigners were in the habit of visiting the temples dedicated by Marcellus near the Capuan gate, on account of their splendid ornaments of this description, of which a very small portion can be found. Embassies from almost all the states of Sicily came to him. As their cases were different, so were also the terms granted to them. Those who had either not revolted or had returned to the alliance before the capture of Syracuse, were received and honored as faithful allies. Those who had been induced to submit through fear after the capture of Syracuse, as vanquished, received laws from the conqueror. The Romans, however, had still remaining a war of no small mag nitude at Agrigentum, headed by Epicydes and Hanno generals in the late war, and a third new one sent by Hannibal in the room of Hippocrates, a Libyphoenician by nation, and a native of Hippo, called by his countrymen Mutines; an energetic man, and thoroughly instructed in all the arts of war under the tuition of Hannibal. To this man the Numidian auxiliaries were assigned by Epicydes and Hanno. With these he so thoroughly overran the lands of his enemies, and visited his allies with such activity, in order to retain them in their allegiance, and for the purpose of bringing them seasonable aid as each re

quired it, that in a short time he filled all Sicily with his fame, nor was greater confidence placed in any one else by those who favored the Carthaginian interest. Accordingly, the Carthaginian and Syracusan generals, who had been hitherto compelled to keep within the walls of Agrigentum, not more at the advice of Mutines than from the confidence they reposed in him, had the courage to go out from the walls, and pitched a camp near the river Himera. When this was announced to Marcellus, he immediately advanced and sat down at a distance of about four miles from the enemy, with the intention of waiting to see what steps they took, and what they meditated. But Mutines allowed no room or time for delay or deliberation, but crossed the river, and, charging the outposts of his enemy, created the greatest terror and confusion. The next day, in an engagement which might almost be called regular, he compelled his enemy to retire within their works. Being called away by a mutiny of the Numidians, which had broken out in the camp, and in which about three hundred of them had retired to Heraclea Minoa, he set out to appease them and bring them back; and is said to have earnestly warned the generals not to engage with the enemy during his absence. Both the generals were indignant at this conduct, but particularly Hanno, who was before disturbed at his reputation. "Is it to be borne,” said he, "that a mongrel African should impose restraints upon me, a Carthaginian general, commissioned by the Senate and people?" Epicydes, who wished to wait, was prevailed upon by him to agree to their crossing the river and offering battle; for, said he, if they should wait for Mutines, and the battle should terminate successfully, Mutines would certainly have the credit of it.

41. But Marcellus, highly indignant that he who had repulsed Hannibal from Nola, when rendered confident by his victory at Cannæ, should succumb to enemies whom he had vanquished by sea and land, ordered his soldiers immediately to take arms and raise the standards. While marshalling his army, ten Numidians rode up rapidly from the enemy's line with information that their countrymen, first, induced by the same causes which brought on the mutiny in which three hundred of their number re

tired to Heraclea, and, secondly, because they saw their commander, just on the approach of a battle, sent out of the way by generals who wished to detract from his glory, would not take any part in the battle. This deceit ful nation made good their promise in this instance. Accordingly, the spirits of the Romans were increased by the intelligence, which was speedily conveyed through the lines, that the enemy were abandoned by the cavalry, which the Romans principally feared; while at the same time the enemy were dispirited, not only because they were deprived of the principal part of their strength, but further, because they were afraid lest they should themselves be attacked by their own cavalry. Accordingly, there was no great resistance made: the first shout and onset determined the business. The Numidians, who stood quiet in the wings during the action, when they saw their party turning their backs, accompanied them in their flight only for a short time: but when they perceived that they were all making for Agrigentum with the most violent haste, they turned off to the neighboring towns round about, through fear of a siege. Many thousand men were slain and captured, together with eight elephants. This was the last battle which Marcellus fought in Sicily, after which he returned victorious to Syracuse. The year was now about closing; the Senate, therefore, decreed that Publius Cornelius, the prætor, should send a letter to Capua to the consuls, with directions that, while Hannibal was at a distance, and nothing of any great importance was going on at Capua, one of them, if they thought fit, should come to Rome to elect new magistrates. On the receipt of the letter, the consuls arranged it between themselves that Claudius should hold the election, and Fulvius remain at Capua. The consuls created by Claudius were Cneius Fulvius Centumalus, and Publius Sulpicius Galba, the son of Servius, who had never exercised any curule magistracy. After this Lucius Cornelius Lentulus, Marcus Cornelius Cethegus, Caius Sulpicius, and Caius Calpurnius Piso, were created prætors. Piso had the city jurisdiction; Sulpicius, Sicily; Cethegus, Apulia; Lentulus, Sardinia. The consuls were continued in com mand for a year longer.

BOOK XXVI.

Hannibal encamps on the banks of the Anio, within three miles of Rome. Attended by two thousand horsemen, he advances close to the Colline gate to take a view of the walls and situation of the city. On two successive days the hostile armies are hindered from engaging by the severity of the weather. Capua taken by Quintus Fulvius and Appius Claudius; the chief nobles die, voluntarily, by poison. Quintus Fulvius, having condemned the principal Senators to death, at the moment they are actually tied to the stakes, receives dispatches from Rome, commanding him to spare their lives, which he postpones reading until the sentence is executed. Publius Scipio, offering himself for the service, is sent to command in Spain; takes New Carthage in one day. Successes in Sicily. Treaty of friendship with the Etolians. War with Philip, king of Macedonia, and the Acarnanians.

1. THE Consuls, Cneius Fulvius Centumalus and Publius Sulpicius Galba, having entered on their office on the ides of March, assembled the Senate in the Capitol, and took the opinion of the fathers on the state of the republic, the manner of conducting the war, and on what related to the provinces and the armies. Quintus Fulvius and Appius Claudius, the consuls of the former year, were continued in command; and the armies which they before had were assigned to them, it being added that they should not withdraw from Capua, which they were besieging, till they had taken it. The Romans were now solicitously intent upon this object, not from resentment so much, which was never juster against any city, as from the consideration that as this city, so celebrated and powerful, had by its defection drawn away several states, so when reduced it would bring back their minds to respect for the former supreme government. Two prætors also of the former year, Marcus Junius and Publius Sempronius, were each continued in command of the two legions which they had under them, the former in Etruria, the latter in Gaul. Marcus Marcellus also was continued in command, that he might, as proconsul, finish the war in Sicily with the army

he had there. If he wanted recruits he was to take them from the legions which Publius Cornelius, the proprætor, commanded in Sicily, provided he did not choose any soldier who was of the number of those whom the Senate had refused to allow to be discharged, or to return home till the war was put an end to. To Caius Sulpicius, to whose lot Sicily had fallen, the two legions which Publius Cornelius had commanded were assigned, to be recruited from the army of Cneius Fulvius, which had been shamefully beaten, and had experienced a dreadful loss the year before in Apulia. To soldiers of this description the Senate had assigned the same period of service as to those who fought at Cannæ; and as an additional mark of ignominy upon both, they were not allowed to winter in towns, or to build huts for wintering within the distance of ten miles from any town. To Lucius Cornelius, in Sardinia, the two legions which Quintus Mucius had commanded were assigned; if recruits were wanted, the consuls were ordered to enlist them. To Titus Otacilius and Marcus Valerius was allotted the protection of the coasts of Sicily and Greece, with the legions and fleets which they had. commanded. The Greek coast had fifty ships with one legion; the Sicilian, a hundred ships with two legions. Twenty-three legions were employed by the Romans in carrying on the war this year by land and sea.

2. In the beginning of the year, on a letter from Lucius Marcius being laid before the Senate, they considered his achievements as most glorious: but the title of honor which he assumed (for though he was neither invested with the command by the order of the people, nor by the direction of the fathers, his letter ran in this form, "The proprætor to the Senate ") gave offense to a great many. It was considered as an injurious precedent for generals. to be chosen by the armies, and for the solemn ceremony of elections, held under auspices, to be transferred to camps and provinces, and (far from the control of the laws and magistrates) to military thoughtlessness. And though some gave it as their opinion that the sense of the Senate should be taken on the matter, yet it was thought more advisable that the discussion should be postponed till after the departure of the horsemen who brought the letter from